Articles and publications

Custody issues in Immigration Law

Divorce supposed to be granted by the court if the judge found that the further marital life of the spouses and the retention of the family is not possible (Art. Art. 21, 22 of the Family Code). Impossibility of marital life is the only and sufficient condition to judge decided to divorce. In contrast to American family law, the Russian court during divorce is not obliged to decide other issues related to divorce, such as defining the place of residence of the children, child support, spousal support, division of property, and etc. In accordance with the family law of the Russian Federation, these issues can be solved separately from the divorce proceeding: it can be decided before, during, or after the divorce. Read More »

Divorce, Custody, and Visitations issues in Russia

On the [confidentially] Federal Court in Moscow had considered a civil case in regard to Claim made by Mr [confidentially] to Ms [confidentially] in regard to dissolution of marriage and access to the child, counter claim made Ms [confidentially] to Mr [confidentially] in regard to the child’s place of residency and child maintenance and third party’s claim made by Mr [confidentially] in regard to access to the child. Read More »

Karina Duvall

CONCLUSION:

Based on the above, guided by Art. 36 of the Family Code of Russian Federation, Articles 209, 549 of the Civil Code of Russian Federation, Art. 2 of the Federal Law № 122-FZ dated July 21, 1997 "On state registration of rights to immovable property and transactions with it", I affirm according to the law, that the sale of property, owned by Mr. Smith, absolutely does not require the consent of his wife. Read More »

Child custody

CONCLUSION:

1. "Name is confidential" has a sole custody over her son, "Name is confidential", DOB: "DOB is confidential". She shall represent him to any legal entities and individuals, including any courts, without special powers or permissions (see art. 64 of the Family Code of Russian Federation).

2. "Name is confidential" has the right to make any decisions for the child and full responsibility of him.

3. "Name is confidential" can leave Russia to any countries with her son, "Name is confidential", DOB: "DOB is confidential".

4. "Name is confidential" has all rights, and takes the full responsibilities for her son, "Name is confidential", DOB: "DOB is confidential", in Russian territories and abroad. Read More »

Divorce in Moscow

According to part 2 of Art. 16 of the Family Code of the Russian Federation, a marriage can be dissolved upon application of one or both spouses. According to Art. 21 of the Family Code of the Russian Federation, a marriage shall be dissolved by judicial means if the spouses have common minor children or one of the spouses doesn’t agree to the dissolution of the marriage. According to Art. 22 of the Family Code of the Russian Federation, a court shall dissolve a marriage if the court established that the spouses cannot live together and reconciliation is impossible. Read More »